MUHAMMAD YASIN vs State S — 2024 SCMR 128 SUPREME-COURT

Case information

Citation: 2024 SCMR 128 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: MUHAMMAD YASIN vs State S
Subject matter: Criminal
Provisions referred to: S. 302

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD YASIN VS State S. 302(b)---International Covenant on Civil and Political Rights (ICCPR), Art. 6---Qatl-i-amd---Reappraisal of evidence---Sentence, reduction in---Motive not proved---Recovery of crime weapon inconsequential---Quantum of sentence may be reduced from death penalty to imprisonment for life if the prosecution fails to establish motive---This principle is in conformity with Article 6 of the International Covenant on Civil and Political Rights (ICCPR)---In the absence of premeditation to commit murder where motive is not proved by the prosecution, the same may be considered as a mitigating factor in order to reduce the quantum of sentence in cases involving capital punishment---In the present case the High Court had correctly concluded that the motive was not proved by the prosecution and the recovery of the crime weapon was inconsequential---As such the respondent (convict) was entitled to the benefit of reduction of sentence and the High Court rightly altered his death sentence to imprisonment for life---Petition for leave to appeal was dismissed and leave was refused.

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